Alright, let’s make sense of what goes down if you get arrested for a DUI in Nevada. It’s not something anyone wants to think about, but it’s better to know what to expect so you’re not completely caught off guard.
The Arrest Process
So, you’re out on the town, having a good time, and on the drive home, those red and blue lights start flashing behind you. Your heart sinks—and you know it’s about to get real. If the officer suspects you’re driving under the influence, they’ll likely ask you to take a breathalyzer test. Keep in mind that in Nevada, the legal limit for blood alcohol concentration (BAC) is 0.08%.
The officer might run through a series of field sobriety tests—think “touch your nose,” “walk in a straight line,” and so on. These aren’t exactly easy even on a good day, so if you’ve been drinking, they’re even trickier. If they think you’re over the limit, you’re getting arrested. It’s not just embarrassing; it’s the start of a legal journey you probably weren’t ready for.
Refusing the Breathalyzer
Thinking of saying “no” to that breathalyzer? You might want to reconsider. Nevada’s got what’s called an “implied consent” law. That means by driving, you’ve already agreed to chemical testing if an officer thinks you’re under the influence. Say no, and you’re in for some automatic penalties per Nevada Revised Statutes (NRS) 484C.110 and NRS 484C.40:
- License Suspension: Your license can be suspended for a full year for the first refusal, and longer for any future refusals.
- Increased Penalties: Courts aren’t going to look kindly on a refusal. It could make your
DUI case even tougher to fight. Judges and prosecutors often treat refusal as an aggravating factor, which could mean stiffer fines, possible jail time, or a longer suspension period.
The Bail Process
Once you’re arrested, the next thing on your mind is probably, “How do I get out of here?” Bail is what comes next. For a first DUI offense in Nevada, bail averages $3,000, depending on the situation and its variables. But, if you have previous DUIs on your record that bail amount can go much higher.
You can post bail yourself, but not everyone has that kind of cash lying around. That’s where bail bondsmen come in. They’ll post bail for you, but you’re paying them a fee, usually around 15% of the total bail amount. It’s non-refundable, but at least it gets you out of jail. Just remember, if you skip your court date, you’re on the hook for the full bail amount, and nobody’s going to be happy about that.
Court Appearance and Lab Results
Once you’re out on bail, it’s time to think about your court appearance. This is where things can start to feel overwhelming, so hiring a lawyer is a smart move. They’ll help you navigate the legal maze and build your defense. Depending on your case, they might challenge the legality of the stop, the accuracy of the breathalyzer, or other aspects that could work in your favor.
In some cases, your BAC results might come back from the lab. If you took a blood test, those results could take a few days to a few weeks. If it shows your BAC was over the limit, that evidence is going to be central to your case. Your lawyer might still have room to challenge it, but it’s an uphill battle.
What’s Next?
If it’s your first offense, Nevada laws might allow for more lenient penalties like fines, DUI school, or even community service. However, repeat offenses or cases where someone was hurt mean you could face jail time, higher fines, and a longer license suspension. Navigating a DUI charge in Nevada is no walk in the park, but knowing what to expect can make things a little less scary. The best advice? Know your DUI Laws, drive safe, plan ahead, and keep your rideshare apps ready when you’re out drinking.
Heads Up! This info is just to keep you in the loop and isn’t meant to be legal advice. If you’re dealing with a DUI or any legal situation, make sure to reach out to a qualified attorney who knows the ropes and can help you out.